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2006 Supreme(SC) 130

ARIJIT PASAYAT, R.V.RAVEENDRAN
S. L. Srinivasa Jute Twine Mills P. LTD. – Appellant
Versus
Union of India – Respondent


Judgment

Arijit Pasayat, J.—These four appeals involve common points of law and, therefore, are disposed of by this judgment which shall govern each one of them. Appellant in each appeal has questioned correctness of the judgment rendered by a Division Bench of the Andhra Pradesh High Court dismissing the writ petitions filed before the High Court praying issuance of a writ of mandamus to declare that Act 10 of 1998 seeking to amend provisions of Section 16 of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 (in short the ‘Act’) shall not apply to the writ petitioners and they would continue to have the “infancy protection” for the period of 3 years starting from the date of establishment of the industry. The High Court by the impugned judgments dismissed the writ petitions holding that the amendment was intended to take away certain benefits by way of necessary amendments to Section 16 and the question as to whether any vested right are sought to be affected would arise only when the provisions are given retrospective operation.

2. It was held that the real intention was to deal with the establishments universally on equal footing under the provisions of the Act a



















































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